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CLUED - 4 year rule

Rachel Topps, modified 4 Years ago.

CLUED - 4 year rule

New Member Posts: 17 Join Date: 16/04/20 Recent Posts

Do I fit the criteria to apply for a Certificate of lawfulness? Either for change of use to dwelling house or operational use?

The property was built over 4 years ago and is a self contained separate dwelling house, with bathroom, bedroom, kitchen etc. It was originally built legally under permitted development being used as a summerhouse, while within the curtilage of a residential home. The garden land was split and I purchased the summerhouse. It has been in constant use since its purchase, I work abroad in the winter, so mainly only lived in during the summer. There are no utility bills to prove this. Only construction and building work type bills. And neighbours that know me.

I am now having to go through the planning system, as someone made an allegation about it being built illegally. I was issued a Planning Contravention Notice assuming I was in breach of a planning control. The planners inspected the property, then advised me to apply for full planning permission. My option was to apply for the land to be used as a Leisure Plot. This was refused, and I have a week left of the 6 month deadline to appeal, or try for something else?  Am I automatically exempt from official Enforcement since it is now over 4 years of it being used one way or the other without any structural changes?

Any opinions would be greatly appreciated.  

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